S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7006
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2025
                                ___________
 
 Introduced  by  Sen.  BYNOE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the social  services  law,  in  relation  to  background
   clearances for temporary child care employment agencies and child care
   educational and training institutions

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 424-a of the social services  law,
 as  amended  by  chapter  611 of the laws of 2022, is amended to read as
 follows:
   3. For purposes of this section,  the  term  "provider"  or  "provider
 agency"  shall  mean:  an  authorized agency; the office of children and
 family services; a private, nonprofit incorporated agency that meets the
 state office of children and family services program standards for child
 advocacy centers; juvenile detention facilities subject to  the  certif-
 ication  of  the office of children and family services; programs estab-
 lished pursuant to article nineteen-H of the executive law; non-residen-
 tial or residential programs or facilities licensed or operated  by  the
 office  of  mental  health  or  the office for people with developmental
 disabilities except family care homes;  including  head  start  programs
 which are funded pursuant to title V of the federal economic opportunity
 act  of  nineteen  hundred  sixty-four,  as  amended; early intervention
 service established pursuant to section twenty-five hundred forty of the
 public health law; preschool services established  pursuant  to  section
 forty-four  hundred  ten  of  the  education  law;  special  act  school
 districts as enumerated in chapter five hundred sixty-six of the laws of
 nineteen  hundred  sixty-seven,  as  amended;  programs  and  facilities
 licensed by the office of [alcoholism] ADDICTION SERVICES and [substance
 abuse  services] SUPPORT; residential schools which are operated, super-
 vised or approved by the education  department;  health  homes,  or  any
 subcontractor of such health homes, who contracts with or is approved or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10104-01-5
              

 S. 7006                             2
 
 otherwise  authorized by the department of health to provide health home
 services to all those enrolled pursuant to a  diagnosis  of  a  develop-
 mental  disability  as defined in subdivision twenty-two of section 1.03
 of  the  mental hygiene law and enrollees who are under twenty-one years
 of age under section three hundred sixty-five-l of this chapter, or  any
 entity  that provides home and community based services to enrollees who
 are under twenty-one years of age under a demonstration program pursuant
 to section eleven hundred fifteen of the federal  social  security  act;
 TEMPORARY  EMPLOYMENT  AGENCIES PROVIDING SUBSTITUTE CHILD CARE STAFF TO
 ANY OTHER PROVIDER AGENCY, AND  EDUCATIONAL  AND  TRAINING  INSTITUTIONS
 ASSIGNING CHILD CARE STAFF AS INTERNS OR RESIDENTS AT ANY OTHER PROVIDER
 AGENCY;  publicly-funded  emergency shelters for families with children,
 provided, however, for purposes of this section, when  the  provider  or
 provider agency is a publicly-funded emergency shelter for families with
 children,  then  all  references  in  this section to the "potential for
 regular and substantial contact with individuals who are  cared  for  by
 the agency" shall mean the potential for regular and substantial contact
 with  children who are served by such shelter; and any other facility or
 provider agency, as defined in subdivision four of section four  hundred
 eighty-eight  of  this chapter, in regard to the employment of staff, or
 use of providers of goods and services  and  staff  of  such  providers,
 consultants, interns and volunteers.
   §  2.  Section 390-b of the social services law is amended by adding a
 new subdivision 12 to read as follows:
   12. FOR PURPOSES OF THIS SECTION, AND  NOTWITHSTANDING  SECTION  THREE
 HUNDRED  NINETY  OF THIS ARTICLE, AN OPERATOR OR PROVIDER OF A CHILD DAY
 CARE CENTER OR A SCHOOL AGE CHILD CARE PROGRAM SHALL  INCLUDE  TEMPORARY
 CHILD  CARE  EMPLOYMENT AGENCIES AND CHILD CARE EDUCATIONAL AND TRAINING
 INSTITUTIONS. A TEMPORARY CHILD CARE EMPLOYMENT  AGENCY  OR  CHILD  CARE
 EDUCATIONAL  AND  TRAINING  INSTITUTION SHALL BE SUBJECT TO THE CRIMINAL
 HISTORY RECORD CHECK REQUIREMENTS FOR CHILD CARE STAFF WHO MAY BE PLACED
 AT A CHILD DAY CARE CENTER OR A SCHOOL AGE CHILD CARE PROGRAM,  BUT  NOT
 FOR  THE  OPERATORS OR PROVIDERS OF SUCH TEMPORARY CHILD CARE EMPLOYMENT
 AGENCY OR CHILD CARE EDUCATIONAL AND TRAINING INSTITUTION. SUCH REQUIRE-
 MENTS SHALL INCLUDE SUBMITTING FINGERPRINT CARDS AND SUCH OTHER INFORMA-
 TION AS REQUIRED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES  AND  THE
 DIVISION  OF  CRIMINAL  JUSTICE  SERVICES, AND AUTHORIZING THE OFFICE OF
 CHILDREN AND FAMILY SERVICES TO DENY OR HOLD IN ABEYANCE  AN  EMPLOYEE'S
 APPLICATION AS PROVIDED FOR IN THIS SECTION.  THE OFFICE OF CHILDREN AND
 FAMILY SERVICES MAY CHARGE THE TEMPORARY CHILD CARE EMPLOYMENT AGENCY OR
 CHILD  CARE  EDUCATIONAL AND TRAINING INSTITUTION AN AMOUNT EQUAL TO THE
 PROCESSING FEE IMPOSED PURSUANT TO SUBDIVISION EIGHT-A OF SECTION  EIGHT
 HUNDRED  THIRTY-SEVEN OF THE EXECUTIVE LAW. WHERE THE OFFICE OF CHILDREN
 AND FAMILY SERVICES ADVISES THE TEMPORARY CHILD CARE  EMPLOYMENT  AGENCY
 OR  CHILD  CARE  EDUCATIONAL AND TRAINING INSTITUTION THAT AN INDIVIDUAL
 HAS NO CRIMINAL HISTORY RECORD, NO ADDITIONAL  CRIMINAL  HISTORY  RECORD
 CHECK  BY  A  CHILD  DAY  CARE CENTER OR A SCHOOL AGE CHILD CARE PROGRAM
 SHALL BE REQUIRED UPON PLACEMENT OF THAT INDIVIDUAL  AT  THE  CHILD  DAY
 CARE  CENTER  OR  A  SCHOOL AGE CHILD CARE PROGRAM. FOR PURPOSES OF THIS
 SUBDIVISION, A "TEMPORARY CHILD CARE EMPLOYMENT AGENCY" SHALL  MEAN  ANY
 ENTITY  THAT  EMPLOYS  SUBSTITUTE  CHILD  CARE STAFF TO BE SUPPLIED ON A
 TEMPORARY BASIS TO A CHILD DAY CARE CENTER OR A SCHOOL  AGE  CHILD  CARE
 PROGRAM,  AND  A "CHILD CARE EDUCATIONAL AND TRAINING INSTITUTION" SHALL
 MEAN ANY ENTITY THAT ASSIGNS CHILD CARE STAFF AS INTERNS OR RESIDENTS AT
 A CHILD DAY CARE CENTER OR A SCHOOL AGE CHILD CARE PROGRAM.
   § 3. This act shall take effect January 1, 2026.